Vijay Kumar And Others vs State Of U.P. And Another
2022 Latest Caselaw 1024 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 27229 of 2021
 

 
Applicant :- Vijay Kumar And Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajeev Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Kumar,J.

Heard learned counsel for the petitioners, learned AGA and perused the record.

The present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing entire criminal proceedings of Complaint Case No. 1002 of 2016, under Sections 379, 427, 504 and 506 of the Indian Penal Code, Police Station Sikheda, District Muzaffar Nagar and also quash the order dated 14.10.2020, whereby the learned court below issued non-bailable warrant and N.S. against the applicant nos. 3 to 5, pending in the Court of learned Chief Judicial Magistrate, Muzaffar Nagar.

After arguing at some length, learned counsel for the applicants/petitioners has submitted that liberty may be given to the applicants/petitioners to move bail application before the court below and the same shall be decided in the light of the judgment of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and judgment of the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

As prayed, the applicants/petitioners are at liberty to move bail application within fifteen days and the same shall be decided in the light of judgment in the case of Amrawati (supra) and judgments of Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh.

With the aforesaid observations and directions, the present petition is disposed of.

Order Date :- 8.4.2022

Ashish